2010-07-07_INSPECTION - C1981008

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Ill. COMMENTS - COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a Complete Inspection of the New Horizon Mine conducted by Marcia Talvitie of the Colorado DRMS beginning at 10:45 a.m, on Wednesday, 23 June 2010. Ross Gubka represented the operator, Western Fuels - Colorado for those portions of the inspection occurring within the restricted area. Weather conditions were hot, clear and dry. The inspection began with a visit to the Montrose County Nucla Annex to view mine records available to the public. Portions of the permit adjacent to public roads were inspected next. The Records check was conducted at the mine office, and lastly the remainder of the permit area, including the ponds, was accessed via the mine haul roads. Availability of Records Public records for current permitting actions were available for review at the Montrose County Annex in Nucla. For PR -06, there were three large binders containing WFC's original application; three binders for WFC's adequacy response; copies of the public comments and objections; and copies of the various letters from the Division. A binder with the SL -12 application was also available, as were seven volumes incorporating the entire permit application package. Mine records were available at the mine office for review. A completed DRMS Availability of Records form is attached to this report. Si ns and Markers The annual AVS Check was conducted during the inspection. Operator/permittee Information posted on the Mine ID sign at the entrance to the support facilities area reflected the information provided by Mr. Gubka. Hydrologic Balance • The CCC West Lateral ditch was observed at two separate locations: at the splitter box adjacent to the south side of the Nucla Cemetery, and at the large concrete Division Box (Photo 1) where the ditch enters the permit area. The ditch was running at a high rate of flow. • Pond 007 was discharging at a low rate. Irrigation runoff is currently the sole source of inflow for this pond. • The water level in Pond 008 was low, and there was no inflow or discharge occurring. • Pond 011 continues to receive inflow from the mine dewatering, and was discharging. • Small pools of water were present in the western ends of Ponds 009, 012 and 013. Given the lack of precipitation in recent months, the likely source of water is seepage from the adjacent Tuttle Draw. • The emergency spillway for Pond 013 was partially obstructed with weeds. Emergency spillways for all ponds must be periodically monitored and kept clear of obstructions. New Horizon Mine C- 1981 -008 23 -Jun -2010 -11-